Overhanging branches from a neighbour’s tree are one of the most common causes of boundary disputes in the UK. They block light, drop leaves into gutters, and can damage fences and sheds. The good news is that the law is fairly clear on your rights — but there are some important rules to follow.
Can I cut back branches that overhang my garden?
Under English common law, you have the right of “abatement”, which means you can cut back any branches (or roots) that cross the boundary into your property. However, you may only cut back to the boundary line and no further. You cannot lean over the fence and prune the tree on your neighbour’s side. If the tree has a TPO or is in a conservation area, though, you’ll need the council’s consent or six weeks’ notice first, even for branches on your side of the fence.
Who owns the cuttings?
There is an important obligation that goes with this right: you must offer the cuttings back to the tree owner. In legal terms, the branches and any fruit or flowers on them belong to the owner of the tree, not you. In practice, most neighbours are happy for you to dispose of the cuttings, but the polite and legally correct approach is to ask first. If they don’t want them, you’re responsible for disposal.
What if the tree has a TPO or is in a conservation area?
Before cutting anything, check whether the tree has a Tree Preservation Order. Overhanging branches on a TPO tree still need the council’s consent before you cut them, and as the neighbour you can apply yourself. The only exemption is the minimum work needed to stop actual damage, such as branches breaking roof tiles, and simply overhanging your garden doesn’t count. Applying is free, and it also protects you from any dispute with your neighbour.
It’s also worth checking whether the tree is in a conservation area. The rules for conservation areas require six weeks’ notice to the council before work on any tree with a trunk more than 75 mm across, and that includes cutting back overhanging branches. If in doubt, a quick call to the council’s tree officer can clarify the position.
Can I claim if the tree damages my property?
If the overhanging branches have caused damage to your property — for example, broken roof tiles, blocked drains, or subsidence — you may have a legal claim against the tree owner. The landmark case of Leakey v National Trust (1980) established that a landowner has a duty of care to prevent hazards on their land from causing damage to their neighbours. If you’ve asked your neighbour to deal with the overhanging tree and they’ve refused, and the tree subsequently causes damage, they could be liable.
What about a row of tall evergreens?
For high hedges (rather than individual trees), there’s a separate legal process. The Anti-social Behaviour Act 2003 allows you to complain to the council about evergreen hedges over 2 metres tall that are affecting the enjoyment of your property. This doesn’t apply to individual trees, but if a row of evergreen trees forms a continuous hedge-like barrier, it may qualify.
What’s the best way to resolve it?
Our advice is always to talk to your neighbour first. Most overhanging tree situations can be resolved amicably, especially if you offer to share the cost of the work or arrange for a tree surgeon to do it properly. A professional crown reduction or lift on their side of the boundary is better for the tree than you cutting everything back to a hard line at the fence. It also maintains the relationship.
If the friendly approach doesn’t work, you’re within your rights to cut back to the boundary line and have the cuttings taken away. We carry out this type of work regularly and can advise on the best approach to ensure the tree remains healthy and the boundary is respected. We’ll also check the tree’s status (TPO, conservation area) before starting, so you know you’re on solid ground.
One final point: if a neighbour’s tree is genuinely dangerous — for example, it’s dead, structurally unsound, or at risk of falling — this is a more urgent matter. You should notify your neighbour in writing, and if they fail to act, contact your council. Councils have powers to require tree owners to make dangerous trees safe, and in extreme cases can carry out the work themselves and recover the costs.
